Minnesota Administrative Rules

4717.1550 POOL ACCESS RESTRICTION; FENCING.

Subpart 1.

General.

Access to a public pool must be controlled to effectively prevent the entrance of children.

A.

Where fencing is used to control access, it must comply with subparts 2 to 6 except as noted in item B, subitem (2).

B.

Access to a public pool within a building or enclosure must be controlled:

(1)

by locating the pool in a separate room with self-latching doors that restrict access to the room; or

(2)

with fencing or a comparable barrier which is at least four feet high and has self-closing, self-latching doors or gates.

Exception: poolside guest rooms, corridors adjacent to poolside guest rooms, and poolside activity areas may be within the pool enclosure.

Subp. 2.

Fencing.

Fencing must:

A.

be at least five feet high;

B.

be equipped with self-closing, self-latching gates capable of being locked;

C.

not have any opening greater than four inches;

D.

not have any opening greater than two inches below the fence; and

E.

not be a readily climbable design.

Subp. 3.

Existing four-foot fencing.

Fencing in existence prior to January 4, 1995, that is less than five feet high must:

A.

be no less than four feet high;

B.

be equipped with self-closing, self-latching gates capable of being locked;

C.

not have any opening greater than four inches; and

D.

not be a readily climbable design.

Subp. 4.

Wading pools.

Fencing for a wading pool enclosure must be at least 42 inches high for existing installations and 48 inches high for new installations.

Subp. 5.

Chain link fencing.

New chain link fencing must not exceed 1-1/2 inch mesh for fencing less than eight feet high. New chain link fencing eight foot high or higher must have mesh which does not exceed two inches.

Subp. 6.

Latches.

Latches for new installations must be four feet above the ground.

Statutory Authority:

MS s 144.05; 144.12; 144.123; 145A.02; 157.01

History:

19 SR 1419; 19 SR 1637

Published Electronically:

May 11, 2009